Year 3 - School Transfer not successful

[Jigsawkitten]

I have just found out that my DS has not been successful in getting into a new school, it was suggested that I definitely appeal and perhaps go on a waiting list.

I suspect that one reason for the decline is due to the fact that the legal class limit has been reached. I am really not very happy to place DS back into his current school as he is being bullied and I feel very strongly that the environment is not good for him.

He is an adopted child and some of the bullying at school is bringing back some of the behaviour traits that he was taken away from in the first place. I vowed to ensure that he was cared for in every way and they are not helping me.

As an adopted child he has already had many many upheavals in his short life he is 7 and been with me since 4 and half years old. Changing schools now is the absolutely best time for him on all levels.

Any help on actually getting my first choice of school which was my first choice when he was still a LAC, but they said that they already had a LAC and could not take him!!

AHHHHHHHHHHHHhhh I am getting very frustrated at the moment any advice would be greatfully received.

Sorry for the rant, but I am sure you know how it feels

For Year 3, there is no legal class limit, as Infant Class Size rules only apply for Year R - Year 2.

As I understand it - experts will be along soon - you should appeal and aim to demonstrate that the prejudice the school experiences because of 1 extra child in the class is less than the prejudice your child experiences by not being given a place. You have to demonstrate why this school - and only this school - is good for your child, NOT what you don't like about his current school, though documented evidence of bullying (dates and times of meetings, evidence of correspondance between you and existing school etc) as well as why he is less likely to be bullied in new school could form part of that demonstration.

Teacherwith2kids is broadly right.

As your son is in Y3 there is no legal class size limit. However, if the school is full up to the admission number your application will still be rejected and you have to appeal if you want a place, as you have found. Submit your appeal as soon as possible, although it probably won't now be heard until the autumn term is under way.

The question the appeal panel has to consider is whether the prejudice to your son through not being admitted outweighs the prejudice to the school from having an additional child in the class. In determining the prejudice to your child they will be comparing the preferred school with the current school.

Appeal panels hear a lot of parents claiming that their child has been bullied. Sadly it often isn't true. Any documentation you have to support the fact he has been bullied and the current school has failed to deal with it adequately will help to convince the panel that your case is genuine.

Before the appeal you will receive the case to refuse admission. You should look at that for any weaknesses you can highlight. For example, if any other years in Juniors (Y3-Y6) are over the admission number that is something you should raise as it helps to show the school can cope with an additional child without too many probelms. You will get help to find weaknesses in the LA's case here if you need it.

The other thing to say is that you absolutely should as a LAC have been given priority at initial admission to reception, it is irrelevant how many other LACs there were. If however you were a late application or it was into the school year then things could have been different if the infant class size regs applied. If you were on the waiting list you should have been absolute priority for the time period that the child was a LAC.
That situation now does not exist. However I would make it very clear and be very open in your submission for the appeal about the background to this case. So details of the previous situation and what traits are now reappearing is absolutely necessary along with any written documentary information about bullying at the school. You need to accept that difficult conversations will have to take place at the appeal and that you need to share potentially confidential information with the panel about the background. All panels will look as favourably as possible on situations where the child was previously LAC but you do need to be open to give your child the best possible chance of being awarded a place.

I may be wrong, but I believe that if the OP's son has been formally adopted, he is no longer 'officially' a LAC, and therefore the school does not have to give him first priority.
Given his history however, there should be a compelling case for admission on 'other reasons', as long as there is documented evidence from a relevant professional (GP, counsellor, SW etc), that his current school is detrimental to his health and welfare and the new school would be able to better meet his needs.